Part 6Management of inshore fisheries

Chapter 1Inshore fisheries and conservation authorities

Byelaws

I1158Byelaws: supplementary provision

1

The power to make byelaws under section 155 includes power to make different provision for different cases or different circumstances, including (in particular)—

a

different parts of an IFC district;

b

different times of the year;

c

different descriptions of sea fisheries resources.

2

The power to make byelaws under section 155 also includes—

a

power to provide for exceptions or conditions;

b

power to provide for a byelaw to cease to have effect after a specified period.

3

Subject to subsection (5), the provision that may be made by a byelaw under section 155 includes provision that prohibits, restricts or otherwise interferes with the exercise of a right to which subsection (4) applies.

4

This subsection applies to—

a

any right of several fishery;

b

any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent, or by prescription or immemorial usage.

5

An IFC authority may make a byelaw that prohibits, or significantly restricts or interferes with, the exercise of a right to which subsection (4) applies only if the person who enjoys the right consents.

6

Subsection (5) does not apply in relation to the exercise of such a right in relation to any of the following sites—

a

a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981 (c. 69);

b

a national nature reserve declared in accordance with section 35 of that Act;

c

a Ramsar site, within the meaning of section 37A of that Act;

d

a European marine site, within the meaning of F1the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8) ;

e

a marine conservation zone designated by an order under section 116.

7

In this section “specified” means specified in the byelaw.